Opinion 2000 -
20

This
opinion represents the views of the Office of the State
Comptroller at the time it was rendered. The opinion may no
longer represent those views if, among other things, there have
been subsequent court cases or statutory amendments that bear on
the issues discussed in the opinion.

FIRE DISTRICTS -- Appropriations and Expenditures (membership in
volunteer firefighters museum) -- Powers and Duties (authority to become
member of volunteer firefighters museum)

HISTORIC PRESERVATION -- Fire Districts (authority to become member of
volunteer firefighters museum)

TOWN LAW §176(10), (13), (14),
(21), (25): A fire district may expend monies to become a member of a
volunteer firefighters museum if the board of fire commissioners
determines that the fire district's statutory functions will be enhanced
thereby and that the fire district will receive sufficient benefits in
furtherance of its statutory purposes to constitute fair consideration
for the cost of membership.

You ask whether a fire district
may expend monies to pay membership dues in a volunteer firefighters
museum.

According to the information
accompanying your inquiry, the museum is a non-profit organization,
which operates under a charter granted by the State Board of Regents and
is open to the public without charge. The purposes of the museum are: to
preserve and chronicle the history of the local volunteer fire service
by acquiring, categorizing and displaying that history; to preserve and
restore antique and modern day fire apparatus and equipment in order to
trace the evolution of fire suppression; and to provide fire prevention
education and hands-on instruction to those who visit and tour the
museum.

There is no express or implied
authority for a fire district to donate money to a museum (see Opns St
Comp No. 91-19, p 62). Moreover, there is no express authority for a
fire district to otherwise financially support a museum (cf. Arts and
Cultural Affairs Law §61.05; Education Law §§253[1], 255[1], 256,
259, 260). Similarly, with certain limited exceptions relating to local
government records management, retention and disposition (Arts and
Cultural Affairs Law article 57-A [§57.13 et. seq.]), those statutes
that expressly provide authority for local government historic
preservation programs do not make reference to fire districts (see,
e.g., Arts and Cultural Affairs Law §§ 57.07, 57.09; General Municipal
Law §§72, 96-a, 119-aa through 119-dd).

We have, however, expressed the
opinion that local governments have implied authority to pay membership
dues in certain associations if the governing board of the local
government reasonably determines that the performance of its statutory
functions will be enhanced by such membership and that it will receive
sufficient benefits to that end to constitute fair consideration for the
cost of membership (see, e.g., 1982 Opns St Comp No. 82-38, p 49 and
1979 Opns St Comp No. 79-71-A, p 13, membership in local chamber of
commerce; 1982 Opns St Comp No. 81-255, p 255, p 272, membership in
local association of school boards; see also 1981 Opns St Comp No.
81-166, p 175, membership in local historical society). In making its
determination, the local government must point to a reasonable
connection between activities of the particular association and the
statutory powers or duties of the municipality (see Opn No. 81-166,
supra).

With respect to the payment of
membership dues in a firefighters museum, we note that section 176(10)
of the Town Law authorizes fire districts to "organize, operate,
maintain and equip fire companies …" Section 176(14) of the Town
Law also authorizes fire districts to acquire real property and suitable
buildings "[f]or the preservation, protection and storing of fire
apparatus and equipment …" In our view, these express powers
necessarily imply the authority for a fire district to preserve
documents, equipment, apparatus and other items which have historic
significance to the fire district, the fire district fire department, or
both.

Moreover, section 176(13) of the
Town Law authorizes a fire district to purchase apparatus for "the
extinguishment and the prevention of fires." In addition, section
176(25) of the Town Law authorizes fire districts to investigate whether
the provisions of laws relating to "fire prevention and fire
equipment" are being complied with within the district. Based on
these express provisions, we have previously concluded that a fire
district has implied authority to engage in fire prevention educational
activities for the benefit of the residents of the district (see 24 Opns
St Comp, 1968, p 758).

Accordingly, it is our opinion
that a fire district may expend monies to become a member of a
firefighters museum if the board of fire commissioners determines that:
(1) the fire district's statutory functions will be enhanced thereby,
such as by the museum's preservation of documents, equipment, apparatus
and other items that have historic significance to the fire district or
the fire district fire department, or by the museum's conduct of fire
prevention educational activities that benefit of the residents of the
district; and (2) the fire district will receive sufficient benefits in
furtherance of its statutory purposes to constitute fair consideration
for the cost of membership.